UPDATE: Kimkins Class Action Lawsuit Verdict

Kimkins founder, Heidi Diaz, faced the decision of the Riverside County Courts of California today, losing the case against her in a certified class action lawsuit filed by ex-members of her fraudulent diet site.

The details are emerging:

  • The courts found in favor of the plaintiffs on all points. 
  • Heidi Diaz's (aka: Kimmer) assets have been frozen. 
  • In addition to the judgement of 1.8 million dollars there was an additional $500,000 in punitive damages awarded. 
  • Injunctive relief: she can not lie to promote her diet. She cannot use fake testimonials, success stories, or photos. 
  • Diaz must put a disclaimer on any website she develops (including non-weightloss websites) explaining that she has lied, used fake testimonials, misled, and used deceptive practices. 
  • She is required to post a disclaimer stating the dangers of low calorie diets and the possible side effects.
  • A permanent restraining order was issued prohibiting any form of contact with any of the plaintiffs, class members, their families, lawyers, and/or staff. 

Official Notice From John Tiedt, lawyer for the plaintiffs:

Today, October 29, 2010, Judge Rick Brown of the Riverside County Superior Court entered a verdict for the plaintiffs in a certified national class action lawsuit. The court entered a verdict against Heidi Diaz the owner of the diet website Kimkins.com for fraud and false advertising. The court awarded the class members restitution in the amount of $1,824,210.39. The court also awarded an additional $500,000 in punitive damages as well as attorney fees. The court then issued a temporary restraining order to freeze all of the assets of Ms. Diaz. 

Most notably, the court also imposed an injunction requiring Heidi Diaz to post on all of her websites that: (1) she lied about her weight loss; (2) she lied about her after diet pictures; (3) she lied about testimonials on her website; and (4) she lied about the photographs used with the testimonials to promote the Kimkins website.

An injunction was also issued to prevent Heidi Diaz from contracting, harassing or cyberbulling the plaintiffs and the witnesses. A formal judgment will be entered before November 19, 2010. 

The original complaint was filed over three years ago on October 15, 2007. I want to thank everyone who supported the class action lawsuit. The Ducks were wonderful. I met a lot of great people and made a lot of new friends fighting for a good cause. Heidi Diaz lied on her website and made the fatal mistake of lying in the courtroom. You cannot trust Heidi Diaz. I anticipate more legal (illegal) maneuvering by Heidi Diaz to evade the judgment. We will be prepared and I will be relentless. Again, I thank all you. 

John E. Tiedt

*please note: Mr. Tiedt refers to "ducks" in his statement. If you are unaware of what is considered a duck, it is everyone who worked together tirelessly to expose the fraud, the lies, and provide tangible evidence to support the case. 

If you are unfamiliar with the Kimkins diet scam you can find more information here: Kimkins Info

thanks to MomtoEli for the information

Kimkins Class Action Lawsuit: The Verdict Is In!

It's been 3 years in the making but today the verdict is in. Excellently represented by John Tiedt, of Tiedt and Hurd, Carona California, consumers saw the results of their patience and hard work as the courts ruled in their favor to the tune of 1.8 million dollars in the class action lawsuit against Kimkins/Heidi Diaz.

Details to follow as they are available.

*If you're unfamiliar with the history of Kimkins/ Heidi Diaz you can find more information here: Kimkins Class Action Lawsuit

Recovery Quote Of The Week: October 29, 2010

There is magic, but you have to be the magician. You have to make the magic happen.
Sidney Sheldon

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picture source: http://www.flickr.com/photos/aleca_99/3572862685/

Kimkins Class Action Lawsuit: Court Date Set For October 25th, 2010

 The class action lawsuit against Heidi Diaz (center, top right, bottom right in picture above), owner and founder of the Kimkins diet site, is scheduled to go to trial at the Riverside County Courthouse in California on October 25, 2010.

Heidi Diaz, also known as Kimmer, claimed to have lost nearly 200 pounds in less than a year and to have maintained her weight at 118 pounds for approximately 5 years. Starting an online dieting site based on these claims she sold memberships to access the plan(s) she created. The site included many success stories accompanied by before and after pictures of amazing transformations, including her own which showed a picture of a young, beautiful woman in a clingy red dress (top left of picture). The success stories seemed too good to be true and, as it would turn out, they were
A private investigator, Robert Charlton of Alliance Investigative Services, was hired and discovered that Heidi Diaz was not what she claimed to be. Ex members and concerned citizens, banning together to uncover the fraud, discovered that she had littered her website with elaborate fabricated success stories that she had written herself, taking the before and after pictures from online Russian Bride sites, including the picture(s) she claimed to be her after her weight loss (see woman in red dress, upper left hand corner of picture above)

Heidi Diaz, having no medical, science, or nutritional background, doled out dangerous diet advice that promoted extremely low calories, laxative use, and anorexic eating behaviors and practices. Members who dared to question "Kimmer," state their concerns on her website, or question the validity of her success stories, found themselves locked out of the site, without warning or reimbursement of their "lifetime membership" fees.

Kimkins received an F rating by the Better Business Bureau: We strongly question the company’s reliability for reasons such as that they have failed to respond to complaints, their advertising is grossly misleading, they are not in compliance with the law’s licensing or registration requirements, their complaints contain especially serious allegations, or the company’s industry is known for its fraudulfent business practices.

*It is estimated that Heidi Diaz's scam netted her well over 2 million dollars.

It would be nearly impossible to site all that has happened since the fraud was first discovered. Below are some links that cover some of what has transpired in the last 3 years.

Recovery Quote Of The Week: October 17, 2010

The important thing is to be whatever you are without shame.
Rod Steiger

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Letting Go Of Resentment: Eating Disorders Recovery

the feeling of displeasure or indignation at some act, remark, person, etc., regarded as causing injury or insult.

Resentment is like taking poison and waiting for the other person to die.
Carrie Fisher

The resentment felt when someone causes us pain, big or small, is especially difficult to deal with when the person who caused that pain is someone we trust and love. Unfortunately, harboring feelings of resentment is harmful to our health, both emotionally and physically. It can affect our relationships with others, cause us stress, raise our blood pressure, increase symptoms of depression, anxiety, and even chronic pain. It keeps us from being able to heal, to move on, be as happy as we can be, and live a fuller and more enjoyable life. For the sake of our own well-being it is imperative that we learn to let go of our resentments by recognizing them and dealing with them. 

Forgiving is one way of doing this. Forgiving someone who has hurt us is not something the majority of us are eager to do. We think that in forgiving we minimize the action(s) that caused us pain and excuse the person of their responsibility in inflicting that pain. We feel that we are also expected to forget it entirely, compromise our self-respect, and act as if it never happened. Some may fear they are expected to continue to have a relationship with the person if they forgive them. This is not true. Forgiveness is something that you choose to do for yourself.  

Is forgiveness always necessary? Opinions vary when it comes to the subject of forgiveness in it's relation to letting go of resentment. Both sides of the argument make sense, in my opinion, and so it's difficult to say either way. Some that believe it's not necessary state that when the hurt is caused by extreme events (sexual abuse, rape, incest, physical abuse, etc.) that the anger and rage have their place in protecting and allowing a person to distance themselves from the offender and that letting go of the resentment is possible without forgiveness. 

Either way, letting go of resentment is a conscious decision to empower yourself. It moves you out of the position of victim. It allows you to move on and enables you to experience a better and more fulfilling life. It is a process. It takes time, effort, and patience.

Resentments or grudges do no harm to the person against whom you hold these feelings but every day and every night of your life, they are eating at you.
Norman Vincent Peale

Some things we can do to work towards letting go of resentment:

   Journaling is a powerful tool and it can be an extremely useful one in the process of letting go of resentment. Take pen to paper and let it all out. All of it. Don't hold back. Don't be afraid to express your rage, sadness, or anything that you are feeling. This can be a painful process but is very cleansing. 

  What has holding onto this resentment done to your life? How does it affect your relationships, decision making, feelings of security, happiness? What changes has it brought to your life? What have you missed out on because of it? What affect has it had on those you love? How has it affected how you see the world and those you come in contact with each day? How does it make you feel?

   Envision what letting go of your resentment would do for your life. See yourself living without those feelings. See yourself free of the thoughts, anger, fear, sadness, and free of the burden of carrying it with you each day. See yourself as you are meant to be. 
   Visualize your resentment (and pain) as if it were an object clasped in your hand. Open your hand and let it go, watch it as it is caught by the breeze and carried away from you, getting smaller as it is floats off into the distance. Watch it as it becomes a barely visible speck on the horizon. Keep watching until you can no longer see it. Now, imagine the space it occupied inside of you filling with a bright, comforting light. Feel it's warmth and it's joy spread through you.

 Put love first. Entertain thoughts that give life. And when a thought or resentment, or hurt, or fear comes your way, have another thought that is more powerful-- a thought that is love. 
Mary Manin Morrissey

These are just some suggestions for helping you let go of resentment. Experiment. See what works best for you. Practice. Keep practicing until it works. 

Those who are free of resentful thoughts surely find peace. 

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©Weighing The Facts

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Recovery Quote Of The Week: October 5th, 2010

It is only with the heart that one can see clearly, for the most essential things are invisible to the eye.
Antoine de Saint Exupery

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